Dave Abels, Author at Abels & Annes, P.C.

Jury Awards $5.2 Million to Family of Nursing Home Neglect Victim

An Arkansas jury awarded $5.2 million to the family of a woman who died after nursing home employees failed to act on doctor’s orders.

The victim, a 76-year-old woman, entered a nursing home for 30 days of rehabilitation after suffering a stroke in 2008. Just over a week after her admission, the woman complained of severe pain, sweating, and an inability to have a bowel movement but her complaints were ignored by the nursing home staff. A doctor was called to examine her the next day and the doctor made a recommendation that the victim be transferred to an emergency room for evaluation and treatment. The order was passed on to an employee who was finishing a shift, so that employee faxed the order to another fax machine where the message was not seen.

The victim was never transferred to a hospital and remained in so much pain that she screamed throughout the day until she died later that night. The order to transfer her to an emergency room was found the day after the victim passed away.

The victim’s daughters filed a lawsuit that alleged negligent care and treatment that led to their mother’s death. After hearing the evidence in this matter, a jury returned a unanimous verdict finding that the nursing home guilty of negligence, medical malpractice, and a violation of the victim’s rights. The jury determined that the damages amounted to $5.2 million for pain and suffering as well as mental anguish that will go to the estate of the victim for the benefit of her beneficiaries.

Abuse of this type happens in Illinois all too often. Residents are ignored, forgotten, or intentionally neglected when they are in a life threatening situation. While many residents believe they will have only a short stay in a nursing home, the lack of care they receive might make that impossible, as it did for the victim in this case.

Nursing homes are governed by federal and state regulations and are required to provide safe care and treatment to residents. Illinois also has a law requiring mandatory reporting of suspected elder abuse by certain professionals, including doctors, social workers, and police officers.

However even though there are regulations and mandatory reporting requirements, nursing home abuse still happens all too frequently in Illinois. Abuse may occur in many forms, including of neglect or indifference towards the care of a resident, development of bed sores, injuries caused by falls or being dropped by nursing home employees, medication errors, and physical or sexual violence by employees against residents.
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Elder Abuse Trial Highlights Potential Dangers for Illinois Nursing Home Patients

by Dave Abels

As loved ones age or become disabled, countless families in Illinois and across the country turn to nursing homes for assistance. Unfortunately, it can be difficult to constantly monitor the quality of care your family member receives in such an environment. Sadly, trusting a nursing home to properly care for your beloved family member may result in tragedy.

A trial date was recently set for a former head nurse at a skilled nursing facility in Placerville, California who stands accused of felony elder abuse. According to Deputy Attorney General Steven Muni, the 59-year-old registered nurse violated her duty of care to a 77-year-old facility resident. The patient allegedly died as a result of neglect at the El Dorado Care Center in 2008. The nurse is also accused of failure to properly perform her duties and failure to supervise her staff. A trial date was set after an El Dorado County judge rejected the nurse’s request to dismiss the charges.

Last year, a former licensed vocational nurse reportedly agreed to a plea deal in connection with the same patient’s death. Because criminal prosecutions over nursing home abuse or neglect in California are rare, the criminal case is allegedly being monitored closely by both nursing home industry members and senior citizen advocates.

As was tragically the case in this instance, the neglect or abuse of a nursing home resident can have irreversible and fatal consequences. Federal standards require skilled nursing and other long-term care facilities that receive federal Medicaid or Medicare funds to maintain each resident at substantially the same level of health he or she exhibited upon entering the facility. If a patient’s condition worsens, the nursing home is required to work towards restoring the resident to his or her original condition.

State law requires skilled nursing and other long-term care facilities in Illinois to maintain high enough staffing levels to safely monitor and maintain the health of patients in the institution’s care. When a skilled nursing facility or one of the institution’s employees fails to ensure at-risk patients are properly cared for, the nursing home and worker may be guilty of negligence. If you believe your friend or relative suffered neglect or abuse while residing in a skilled nursing facility located in Illinois, you should discuss your concerns with a quality lawyer.
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Jury Awards $3.7 Million to Family of Nursing Home Patient Neglected in Colorado

by Dave Abels

A Colorado jury awarded $3.7 million this week to the family of a nursing home patient who died as a result of employee negligence.

The elderly woman entered the nursing home to recover from two broken ankles and all accounts indicated that the stay would be temporary. Reports indicate that she worked at the Colorado nursing home some thirty years before becoming a patient there.When she went into the nursing home, the woman had a catheter in place that remained there during her stay. The jury determined that the nursing home employees were negligent in monitoring the catheter as well as the woman’s overall health. As a result of the negligence, she developed a severe urinary tract infection that spread to her bloodstream and eventually caused her death. There were also allegations that the nursing home employees falsified documents to show they provided care to the woman when no care actually occurred, though it is unclear if the jury made a determination on this claim.

The victim’s daughter filed a lawsuit for damages which the jury determined to be $3.7 million – $200,000 for the daughter’s pain and suffering and $3.5 million as punitive damages against the nursing home. A spokesperson for the nursing home announced that they are still considering whether they will appeal part or all of the award.

Unfortunately this type of nursing home abuse and neglect happens in Illinois every day. Patients have a right to receive quality medical and nursing care but for a number of reasons, including financial incentive, understaffed homes, and lack of culpability, residents often receive substandard care that leads to injury and even death.

Many nursing home patients are unable to complain about the care they receive or do not have adequate means to make their complaints heard. This causes many cases of neglect and abuse to go unreported and uncorrected across the state. Often family members of nursing home residents are the first to suspect neglect or notice signs of abuse.

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Nurse Sentenced for Assaulting Elderly Knoxville Nursing Home Resident

by Dave Abels

A former Knoxville, Illinois nursing home employee was recently sentenced in connection with the alleged battery of an 82-year-old patient. Knox County Judge Paul Mangieri ordered the 56-year-old nurse to serve two years of probation and complete 100 hours of community service after she purportedly hit a resident at the facility where she was employed. The convicted woman was initially accused of a Class 3 felony over allegations that she purposefully struck a Good Samaritan Nursing Home patient in 2012. Despite that two of the woman’s co-workers apparently testified against her at trial, the nurse insisted the incident was an accident. Still, Judge Mangieri reportedly refuted her claims at a sentencing hearing by stating the battery was clearly no accident.

In 1988, Illinois passed the Elder Abuse and Neglect Act. The law was designed to respond to any instance of abuse of an Illinois senior citizen. The Illinois Department of Public Health is tasked with investigating and responding to all reports of senior neglect or abuse in a nursing home or other long-term care setting. Since 1999, all law enforcement, medical, and social service professionals are required by law to report any suspected instances of elder abuse or neglect where the individual being abused is unable to self-report. In addition, such professionals may also voluntarily report any suspected elder mistreatment.

Three years ago, the Governor of Illinois signed into law a number of nursing home safety measures created to protect patients in long-term care facilities from abuse. The 2010 law requires nursing homes to increase nurse staffing levels, perform thorough background checks on new residents, and ordered the state to hire a number of additional nursing home inspectors.

No senior citizen should feel unsafe in his or her place of residence. As this sad case demonstrates, elder abuse occurs in Illinois despite a number of laws designed to protect skilled nursing facility patients. Nursing home abuse may include physical violence or assault, withholding of medication, food, or personal items, simple neglect, and more. In too many cases, skilled nursing facility abuse results from an insufficient number of well-trained and competent direct care staff. If you believe a nursing home resident is being abused, you are advised to discuss your concerns with a quality nursing home abuse and neglect lawyer as soon as possible.
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Illinois Nursing Home Residents May be at Risk of Abuse

by Dave Abels

Authorities in Columbia, South Carolina are reportedly investigating allegations of assault that apparently resulted in the death of an elderly nursing home resident. According to the former resident’s son, the 90-year-old woman died less than six months after he made the difficult decision to place her in the Kingstree Nursing Facility. The patient’s son said he chose the facility after searching the area for a safe and clean skilled nursing home. The man stated this is a decision he now regrets.

The deceased woman reportedly entered the Kingstree Nursing Facility in May 2012. Soon after, her son claims he found her lying in her bed with a broken hip and numerous bruises across her body. According to her son, the woman claimed she was attached by two unidentified women. Her son apparently photographed the 90-year-old’s injuries and reported them to facility administrators. Although local law enforcement officers allegedly investigated the assault, no charges have yet been filed. According to the woman’s son, Kingstree Nursing Facility also conducted an investigation but has refused to release the results.

Last year, the same nursing home was apparently written up by federal investigators for failure to implement abuse and neglect policies and failure to report a resident head injury. According to the decedent’s son, having that information readily available would likely have prompted him to choose another care facility for his mother. Although such information may be obtained by filing a formal request, South Carolina’s Department of Health and Environmental Control (DHEC) does not currently post nursing home inspection results online. DHEC’s Director, Catherine Templeton, claims inspection data will be available on a website by the end of 2013.

Unfortunately, many nursing home residents in Illinois may be at risk for similar abuse. Most skilled nursing facilities in Illinois are under contract to receive federal Medicare and Medicaid funds. This means such institutions are required to adhere to both state and federal laws and are subject to inspection using federal guidelines. A number of federal databases currently make recent skilled nursing facility inspection information available to the public online. Although not all inspection information is available on the Internet, federal law requires that state inspection agencies and individual nursing homes provide inspection results to the public upon request. Sadly, the true risk of nursing home abuse and neglect is not always easy to identify using an inspection report. It is always a good idea for relatives to visit their loved ones regularly and closely monitor the quality of care a nursing home resident receives.
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Nursing Assistant Accused of Stealing From Dementia Patient Residing at Chicago Retirement Home

by Dave Abels

A 62-year-old woman was recently charged with stealing approximately $350,000 from an elderly Chicago retirement home resident who suffers from dementia. According to the Cook County State’s Attorney’s Office, the woman met the 94-year-old dementia patient while working as a nursing assistant at St. Joseph Hospital. After the man was discharged from the hospital, he reportedly moved into the Hallmark Retirement Home. At that time, the 62-year-old allegedly offered to provide in-home care for the senior dementia patient.

According to prosecutors, the 62-year-old later hired her daughter and sister to provide 24-hour care for the elderly man. About three months after she began working for him, the nursing assistant allegedly enlisted an attorney to draft a new power of attorney for the dementia patient despite the man having been previously assigned a power of attorney as part of his overall estate plan. In addition, a new will and a trust instrument that named the woman as trustee and her family as beneficiaries were also purportedly created for the senior citizen. The woman’s husband was also supposedly named executor of the dementia patient’s will.

Between January 2008 and July 2011, the 62-year-old woman allegedly provided her relatives with loans and purchased a number of items including a new luxury vehicle with money taken from the elderly man. In addition, the nursing assistant reportedly received $170,000 in annual wages and prosecutors claim the woman wrote several large checks to herself using the dementia patient’s power of attorney. The woman’s husband and the lawyer who wrote the power of attorney were also purportedly charged in connection with the alleged theft.

Unfortunately, financial exploitation is a commonly overlooked form of elder abuse. Although a number of laws are in place to protect retirement home and skilled nursing facility residents, many seniors still run the risk of falling victim to financial and other mistreatment. As allegedly occurred in this case, unscrupulous direct care workers may choose to steal from senior and disabled long-term care facility residents. Sadly, more than seven percent of all financial abuse cases across the country are reportedly committed by a nursing home or assisted-living facility caregiver. If you believe a nursing home or other long-term care facility patient was physically, emotionally, or financially abused by a caregiver, you should contact a quality nursing home abuse and neglect lawyer immediately.
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Study Claims Seniors in Illinois and Nationwide Are More Likely to Contract Dangerous MRSA in Winter Months

by Dave Abels

A nationwide study recently published in the American Journal of Epidemiology claims skilled nursing facility patients are more likely to contract a dangerous methicillin-resistant Staphylococcus aureus (MRSA) infection during the winter months. In contrast, children are reportedly more likely to become infected with the potentially deadly bacteria in the summer. According to researchers from Johns Hopkins University, individuals over age 65 are at an increased risk for becoming infected with MRSA following a health care procedure or in a nursing home while children normally are infected in the community through a cut or other wound.

As part of the study, researchers purportedly analyzed data collected regarding MRSA infections contracted between 2005 and 2009. They allegedly found that MRSA infections in particular age groups are tied to the seasons. Lead Study Author, Eili Klein, Ph.D., stated although it is unclear why seasonal and age preferences exist for health care-associated and community-associated MRSA, overuse of antibiotics in the winter months may be partially to blame. According to Klein, the strain of MRSA that generally affects the elderly is resistant to more types of antibiotics than the community-associated strain. Klein said the inappropriate use of antibiotics likely plays a role in MRSA resistance to the drugs. Klein reportedly believes additional research regarding the seasonal patterns associated with MRSA could help healthcare professionals develop more effective treatment guidelines and infection control strategies.

Since skilled nursing facility patients normally live in close proximity to one another, bacteria like MRSA can be spread easily. Effective sanitation and infection control measures are required to maintain the health of nursing home residents. Despite that nursing home employees in Illinois are required by law to ensure simple precautionary measures intended to control the spread of illness or disease are used, too many long-term care facility workers allegedly fail to do so. Unfortunately, this can have a tragic and deadly impact on institution residents. If your loved one died after he or she contracted a preventable disease at an Illinois nursing home, you are advised to speak with a capable nursing home abuse and neglect lawyer.
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CMS to Publish Additional Data Regarding Nursing Home Deficiencies in Illinois and Elsewhere

by Dave Abels

The nation’s Centers for Medicare and Medicaid Services (CMS) will reportedly post additional information regarding deficiencies observed at nursing homes in Illinois and throughout the country. In July 2012, the Agency began publishing deficiency data for the previous 15 months on its Nursing Home Compare website. The information is also apparently published on a Five-Star Nursing Home Quality Rating System website. The information contained on the two websites was reportedly taken from federal reports created by nursing home investigators as well as complaint surveys.

According to a memorandum written by Thomas E. Hamilton, Director of the CMS Survey and Certification Group, deficiency report data will be available to the public for a longer duration beginning in April. In addition, Hamilton stated more detailed information will be provided regarding the conditions at each facility and the severity of each violation an institution allegedly committed. Hamilton said although the agency will not post nursing home plans of correction online, the data should be easy for consumers to locate, as each state is already charged with this task. Federal law also requires that state inspection agencies and skilled nursing facilities provide such information to the public upon request.

Most nursing homes located in Illinois are under contract to receive Medicare and Medicaid funds. This means employees at such institutions must adhere to both state and federal laws. This also means the facility is subject to inspection using federal CMS guidelines. Although most nursing homes in our state provide quality patient care, there is always room for improvement.

There are currently a number of online databases that make it possible for the public to review skilled nursing facility inspection information. Regrettably, the potential for long-term care facility abuse and neglect is not always easy to identify using an inspection report. It is always a good idea for family members to visit regularly and closely monitor the quality of care a loved one receives while in a nursing home.

When an elderly or disabled long-term care facility patient is experiencing mistreatment at the hands of a caregiver, he or she may become depressed and attempt to alert relatives to the situation. Telltale signs of physical abuse include broken bones, bedsores, unexplained bruises, and an increased number of falls or other avoidable accidents. All suspected cases of skilled nursing facility abuse or neglect should be taken seriously and reported straightaway. Contact a caring nursing home abuse and neglect attorney to assist you.
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U.S. Senate Considering Bill That May Keep Elderly Out of Nursing Homes in Illinois, Nationwide

by Dave Abels

The United States Senate is reportedly considering a bill that would allow for an increased use of remote healthcare monitoring technologies, using funds from the federal Medicare insurance program. The Fostering Independence Through Technology (FITT) Act would require the Secretary of Health and Human Services to implement pilot projects and incentivize the use of remote healthcare monitoring technologies by home health providers. The idea behind the legislation is to allow the nation’s elderly to remain in their homes and reduce hospital readmissions. Supporters of the proposed legislation also claim the law would reduce Medicare costs and lessen the need for many seniors to enter nursing homes.

Currently, about 20 percent of elderly patients who utilize Medicare are purportedly readmitted to the hospital within one-month of discharge. Recently, the Medicare program allegedly began issuing reimbursement penalties as a result of high senior readmission rates. The use of remote monitoring technologies would reportedly allow physicians and other health care professionals to monitor senior citizens from their own homes instead. If approved, the FIIT Act would allegedly create performance targets based on Medicare recipient health outcomes as well as program savings. At this time, the American Hospital Association, National Association for Home Care and Hospice, and the National Rural Health Association have expressed support for the proposed legislation.

Many elderly Illinois residents would like to spend their golden years at home. Unfortunately, remaining in the home is not always feasible due to failing health, disability, and unexpected dementia disorders. As treasured family members age or become disabled, countless Illinois families turn to nursing homes for assistance. Sadly, even the most dedicated relative will have a tough time providing around the clock care for a severely disabled family member. Skilled nursing and other long-term care facilities are required to maintain the staffing levels necessary to monitor and maintain the health and safety of patients in the institution’s care. When a nursing home fails to ensure at-risk patients are safe, the facility may be guilty of negligence. If your loved one was hurt as a result of skilled nursing facility negligence, you should contact a qualified Illinois nursing home abuse and neglect attorney.
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Woman Claims Preventable Fall at Belleville Nursing Home Contributed to Her Father’s Death

by Dave Abels

The child of a man who died about nine months after falling at a Belleville nursing facility has filed a wrongful death lawsuit in St. Clair County Circuit Court. According to her complaint, the woman’s father suffered a broken hip as a result of receiving improper care while a resident at a facility on March 24, 2011. The woman claims her father’s injury contributed to his death in December 2011. The lawsuit also alleges that the deceased man suffered anxiety, emotional pain, distress, serious bruising, and decreased mobility as a result of the facility’s carelessness.

In her case, the deceased man’s daughter asserts that employees at the nursing home failed to supervise him adequately enough to avoid preventable falls despite the workers being aware he was at risk for falling. In addition, the woman claims her father’s bed was too high and no bed rails or alarm were installed. She also accuses the skilled nursing facility of failing to maintain an adequate number of staff and failing to answer his assistance calls in a timely manner.

Resident falls in a nursing home can be caused by many factors, including poorly fitted beds and wheelchairs, environmental hazards like inadequate lighting and slippery floors, and underlying patient health problems. Additionally, a failure on the part of facility caregivers to monitor the elderly and disabled after medication changes may contribute to resident falls. The Centers for Disease Control and Prevention claims worker education, safety equipment installation, and proper health care for residents can dramatically impact patient fall rates at skilled nursing facilities in Illinois and throughout the country.

Too often, nursing home residents are placed at risk of falling when care facilities fail to employ enough direct care staff. In 2010, amendments to the Illinois Nursing Home Care Act required that long-term care facilities operating within our state increase the number of workers directly caring for residents to a level that adequately meets the needs of all patients. Despite the legislation, an inadequate number of nursing facility staff is a common factor in Illinois nursing home abuse or neglect cases. If your friend or family member was injured or died at a nursing facility in Illinois, you are advised to discuss your case with a quality nursing home abuse and neglect attorney immediately.
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